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(영문) 서울남부지방법원 2015.02.05 2013노1182
사기등
Text

However, the judgment of the court of first instance is that of dismissing an application for a compensation order and that of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the first instance court: 4 years of imprisonment, the second instance court: 2 years of imprisonment and the third instance court: 5 months of imprisonment) imposed on the Defendant by the lower court is too unreasonable.

(b) The above sentence imposed on the Defendant by the first instance trial of the Prosecutor is too unfluent and unreasonable.

2. Before determining the grounds for appeal by the Defendant and the prosecutor, this Court tried to deal with each appeal case against the judgment of the court below, and each of the offenses in the judgment of the court below against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment, which has increased concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed all of the judgment below under Article 364 (2) of the Criminal Procedure Act (excluding the part of the court below's dismissal of application for compensation order and compensation order and the part of compensation order by the second court) without examining the defendant and prosecutor's allegation of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows. The court of first instance / [2012 order 2553], except that the date and time of the list of crimes No. 9 attached to the facts constituting an offense in the case / [2012 order 2553] is deemed as " June 30, 201." Since all of the judgment below are the same as the corresponding columns of the court below, it shall be

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, and choice of imprisonment with prison labor for the crime

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 32 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders, Facilitating Lawsuits, etc.

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